Other conditions decisions — 2005

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she was not legally married to him at the time of his death and thus did not meet the legal requirements for VA benefits.

The Board has determined that the veteran's service-connected left hip fracture does not meet the criteria for a compensable disability evaluation.

The appellant's marriage to the veteran lasted less than a year, which is not sufficient for her to be recognized as his surviving spouse for purposes of receiving Dependency and Indemnity Compensation (DIC).

The Board has remanded the case for further review due to a lack of relevant examination report, and will determine if the veteran can handle his financial affairs.

The veteran's terminal year medical expenses were not sufficient to justify a deduction for the purpose of establishing higher pension benefits.

The appeal has been dismissed as the appellant withdrew their substantive appeal.

The Board denied the veteran's claim for vocational and rehabilitation services provided by Chapter 31, Title 38, United States Code due to his basic period of eligibility expiring on May 9, 1992, and he was not medically prevented from participating in such a program. The veteran does not currently have a serious employment handicap.

The veteran's sister returned the pension check issued to her deceased brother and requested payment of the proceeds. The VA determined she is not a proper claimant for these funds as she is not his spouse, child, or dependent parent, nor did she bear any expenses related to his last sickness or burial.

The Board found that the veteran's service-connected fracture of the base of the right fifth metatarsal does not warrant an evaluation in excess of 10 percent.

The Board has determined that the effective date for a 100% rating for hypertensive cardiovascular disease is October 23, 1997.

The veteran's claim for an increased evaluation of his shell fragment wounds to the left lower extremity and hip/thigh is granted, with a 30 percent rating assigned.

The Board has denied the veteran's claim for service connection for a skin disorder of the feet, finding no competent medical evidence linking this condition to his military service.

The Board has ordered the RO to obtain tissue slides and cell blocks from surgical specimens obtained during the veteran's surgery. The appeal is being remanded for further development.

The Board found that the evidence received since the November 1959 denial is not new and material, thus denying the petition to reopen the claim for service connection for residuals of a fractured third metatarsal on the right foot.

The Board denied the veteran's claim for special monthly compensation (SMC) by reason of his spouse needing regular aid and attendance due to her post-operative breast cancer residuals, finding that she did not meet the criteria for need of regular aid and attendance as defined in VA regulations.

The veteran's claims for increased evaluation and TDIU are being remanded due to the need for additional development, including medical examinations.

The Board has determined that the veteran's right hand disability does not warrant an evaluation in excess of 10 percent, and his claim for TDIU due to service-connected right hand disability is also denied.

The Board has denied the veteran's claim for a compensable rating for his residuals of a nasal fracture, finding that there is no evidence of significant impairment or disability during the appeal period.

The Board has vacated its March 16, 2005 decision and dismissed the appeal due to the veteran's death before the decision was issued.

The veteran's claims for service connection are being remanded due to his request for a video-conference hearing.